IMAMSAB MOULASAB TORAGAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant/accused feeling aggrieved by judgment of trial Court on the file of IV Additional District and Sessions Judge and Special Judge (PCA), Belgaum, in special Case No.132/2011 dtd. 2/2/2013, preferred this appeal.

(2.) Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that complainant is working as President of Shabari Rural Development Society and the accused was working as C.D.P.O in Ramdurg. The said Shabari Rural Development Society has lent two hands to C.D.P.O office including the complainant for operating the computers provided under Protection of Women from Domestic Violence Act , 2005. In this regard complainant and computer operators were required to pay honorarium salary of Rs.1,000.00 and Rs.3,000.00 and the salary was enhanced to the tune of Rs.2,000.00 to messenger and Rs.5,000.00 to computer operators, this order was given effect with April 2010, but the notification was issued on 10/6/2010. The honorarium for the month of July 2010 to the tune of Rs.7,000.00 and arrears of honorarium for the month of April, May and June 2010 to the tune of Rs.9,000.00 was to be received by complainant as the President of Shabari Rural Development Society. The complainant used to receive the said amount and disburse to the concerned computer operator after realizing the cheque in favour of Shabari Rural Development Society. The accused was working as C.D.P.O in Ramdurg being public servant on 5/8/2010 has demanded illegal gratification of Rs.9,000.00 from complainant and he assured that the said amount will be paid after getting cheque encashed and accordingly complainant got encashed cheque. Thereafter, the accused again insisted for payment of illegal gratification of Rs.9,000.00. On 16/8/2010 at about 11:00 a.m. on the strength of complaint filed by complainant trap was conducted in C.D.P.O. office at Ramdurg. Accused demanded and accepted the amount of illegal gratification from the complainant for discharge of his duties from the complainant. It is further alleged that accused by abusing his official position as public servant obtained pecuniary advantage to the tune of Rs.9,000.00 thereby committed criminal misconduct. On these allegations made in the complaint, the investigating officer after investigation filed charge sheet under Sec. 7 and 13(1)(d) read with Sec. 13(2) of prevention of Corruption Act , 1988.